Earlier this week, a YouTuber and coder by the name of Dragon shared a new Pokémon project they had been working on. It's a Pokémon first-person shooter (yep, for real) powered by Unreal Engine, and in it, you must ah...shoot pocket monsters, instead of catching them.
Many were already wondering how long it would take before legal ninjas showed up on the scene, and it's now been discovered that the YouTube videos of this game (uploaded by the creator) have been copyright claimed by The Pokémon Company International.
The creator previously mentioned how the project was still in development, and while work on it presumably continues, it seems there might be some difficulties uploading videos to YouTube from here on out. In saying this, you can still find video footage elsewhere online. Dragon also believes "Nintendo hitman" would strike fast, if the game was ever released to the public.
If you're keen to shoot some 'Mon, you could always try out the photography game, New Pokémon Snap. There's also the creature shooter, Palworld - en route to Steam this year. Are you at all surprised to see TPC take action against these videos? Leave a comment down below.
[source twitter.com]
Comments 110
So basically he opened the FPS template in UE, and imported some Pokemon models he found online.
'Take the shot Inteleon, take the damn shot!'
While I'm not surprised since the Pokemon company and Nintendo do this all the time even where they have no business doing so, it still doesn't get any less disappointing every time it happens...
The maker of the fan game didn't even make it public and made it clear it was just doing this for fun.
There was no profit to my knowledge either (even then you could argue its still fine).
"even where they have no business doing so"
Nintendo and / or Pokémon own all the IPs and copyrights to their games. So they have every business to do so. And it's very good that they DO take these criminals down.
@sanderev The person that made the mod isn't a criminal. Your takes on copyright are ridiculous, and make you seem fanatical.
I find it ironic that, despite the initial shock at the idea of a Pokémon fps, shooting the Pokémon could readily be considered less cruel than capturing, imprisoning them and then forcing them to fight each other for the rest of their collective existences.
Lol this dude did this for fun, he didnt even made it public. The Pokemon Company is just becoming a sad bunch now.
Pokemon company: try not to make completely stupid decisions for no good reason challenge! (They instantly fail)
Looks like people don’t understand of your IP being used for without permission, not intended way, also non family which Pokemon is amid at. I totally agree with any company protecting there IP.
@WhiteUmbrella I don‘t know in which part of your life you are. I work since many years now, and I am pissed evry time when somebody takes what I have made and uses it without asking me. Pokemon games are pretty basic, and every more or less talented programmer could make them. The only reason why the Pokemon Company is worth a lot is ONLY for the IP. You would also protect your IP if your work and income would depend on it.
Removed - inappropriate
@iLikeUrAttitude or you know... make your own ***** and stop using other people's stuff without permission. What a concept
@twicesmt Or you know... realize that people can create fanwork and the have the right to do so.
@iLikeUrAttitude yeah, and Nintendo can copyright the hell out of it too, they have every right to do so
@twicesmt Well you obviously don't know what fair use means then.
@iLikeUrAttitude actually they dont. there is no blank cheque for "fans" to do what they want with any ip
@iLikeUrAttitude I'd like to see "Dragon" argue fair use then, so I can play his/her Pokemon FPS game
@Bustacap Yes they do 100%, otherwise you literally wouldn't be able to do anything without some company taking down your art.
Whether it be drawings, mods, lets plays etc.
It's not surprising at all given how the copyright law clearly doesn't care about fair use. Never has and sadly never will. Is it any wonder why developers have to put in a streamer mode to disable licensed music even though the original license holders shouldn't be concerned about people streaming that music.
@iLikeUrAttitude "fair use" has its limits
@twicesmt Well he easily can. Also I don't think hes releasing the actual game, it was for fun to my knowledge.
@Bustacap And this video hasn't even reached them at all
@WhiteUmbrella Breaking copyright law is a crime, people who do crimes are called criminals.
@iLikeUrAttitude Actually I have, more than 99% of the other people here. And that is why my point is valid and remains unchanged.
It is very simple, if you want to create something with someone else's work ask yourself the following questions.
1. Do I have permission from the owner?
2. If not, does the owner (generally) have a problem with people using their assets?
3. Am I making ANY money off of this? (even uploading a simple youtube video makes you money)
Based on the answers of these questions here:
1. Would be no.
2. Would be yes.
3. Would also be yes.
This outcome was inevitable and just.
@Max_the_German The counterpoint to your argument is that it is the fanbase of any game or property that creates this kind of project. Fandom does not end with, nor should it be restricted to, simply consuming a product. Arguably, fan creations and mods further Nintendo's brand and reach with what they do, but this is a relationship that needs to be reciprocal. Without the support of the fanbase, including all the mods, fanart, cosplay and everything in between, the brands, those ips, would actually be less than what they are now.
@WhiteUmbrella There are some points in it I agree. But I see this case differently: If there would be an FPS game where you can shoot Messi, would you argue „The coder is just a fan of Messi or of PSG“?
It is basically the same as making fan animations where you shoot Pokemon and put it on YouTube. I doubt Nintendo wants that coming up in a search when people try to find videos of Arceus.
@sanderev
The modder isn't breaking copyright law at all.
Mods aren't illegal in any sense and neither are fangames as long as profit isn't involved.
And since the modder isn't profiting from the game (he isn't even releasing it it was just for fun) he isn't breaking any laws.
And fair use protects him even more.
You obviously didn't do a wink of research considering you don't even know what fair use is, you're just parroting the opinions of other fanboys here that just use the same "its their ip" argument when it doesn't even work that way for content creation.
Also none of your points are valid; the modder isn't breaking any laws, fans are allowed to make content of ips and he isn't a criminal by any means.
That 99% was made up lol.
EDIT: You edited your comment last minute to make it seem like you have any idea what you're talking about.
1. I know its hard for you to believe, but you don't need permission from Nintendo to make content of their ips, there isn't a waiting list of lets players asking Nintendo to upload content of their games, nor are there a bunch of artists lining up to beg Nintendo to draw Mario without getting sued for a million dollars.
2. Well Nintendo always have a problem when it comes to ips whether its a harmless mod or to where it actually matters like ROM sites profiting of it them.
3. Lets player monetize their videos all the time from their content it can be any game how is this any different?
It was obviously not and your previous comments have shown you have no idea what you're talking about.
I mean if the guy is so talented, make your own thing instead of using another company's property. You cant just let everything pass cuz its"fan-made".
@iLikeUrAttitude
Actually he is selling it. He put a video onto youtube. And he is absolutely in breach of the copyright law. This is why Pokémon co. was able to take the video down (DMCA)
Game mods are 100% illegal if the owner/publisher doesn't allow it. Many publishers actually allow it (to a certain degree) but that doesn't make it legal for everybody.
Fangames are 100% illegal if you upload even a video of it onto a platform that allows you to monetize that video. Like youtube.
And this is in no way or form fair use.
@sanderev He isn't selling the mod or game otherwise that would actual be an issue, as for monetization, refer to my previous comment.
@iLikeUrAttitude IT IS A VIDEO ON YOUTUBE.
@sanderev Yes you're right, it is a video on youtube which he's completely allowed to upload, your point?
@Max_the_German Messi is a real person, which is somewhat different to virtually shooting a fantasy character. Messi would have the right to take a game that revolves around shooting him down, and I wouldn't challenge his right to do that, although arguably just shooting Messi would be more humane than capturing him, keeping him in a cage and forcing him to fight others for your entertainment.
@iLikeUrAttitude Actually he is not, that is why the video is taken down!
From the Google Youtube Terms of Sevrice:
@sanderev He is not what? Address my points properly or we can't have a proper discussion.
@sanderev the video is taken down because of the level of corporate power Nintendo has, this doesn't automatically mean that they are right.
You lot are frustratingly earnest.
Lol, whatever mentality comes up with a Pokemon first person shooter deserves to be copyright stuck lol. Welcome to no sympathy day.
@WhiteUmbrella Actually it fits within the DMCA legislation. If someone would steal characters from one of my games / stories. I would have done the exact same thing.
Maybe theyre scared of this being better quality than their creations..
@sanderev
He isn't selling the actual mod or game, he isn't even distributing it for free lol. There's a difference between monetizing your video and actually selling content.
If he was actually selling it he would've locked it behind a patreon or something along those lines which are actually a problem.
Game mods aren't illegal by any means you can't just say "100%" without proving anything to back up your claims.
There are no laws against modding.
If you're referring to publishers "allowing mods" like Bethesda they don't "give permission" to their fans to make mods instead they embrace them and encourage people to make more.
And more to add Bethesda doesn't take down mod videos like Nintendo so there goes your point.
Fangames are completely fine as long as no profit is involved. Not sure about video monetizing but the big no no would be actually distributing the fangame and locking it behind purchase, now that would be profiting off someones ip.
Yes it is fair use - its transformative content.
https://support.google.com/youtube/answer/9783148?hl=en
@sanderev Above comment^
Forgot to mention you in it.
Makes sense. Characters of a franchise made for 5 year olds have no place being associated with gun violence.
@iLikeUrAttitude Fair use can only be claimed in a court of law. Which this isn't (yet at least, and I wouldn't go that far) and it's up to a judge or jury to allow it as actual fair use. This is rare. And an exception. (Also fair use really isn't a thing here in the Netherlands, where I live)
Okay, according to the Dutch law (which is the only one I know the details of) this isn't true. Any monetizing would count as "selling" the content.
Just read their terms of service then Some publishers actually have "modding" or "user generated content" as a part of their terms of service or license agreement. That would be the same as legal permission.
@sanderev Without mods some games would not have reached the heights they are on now like Skyrim, Fallout, Doom, GTAV, Witcher 3.
Also some very nice Pokemon modded games.
As long as they are not selling content it is ok.
Should they also copyright claim all youtubers that simply stream the games and monetize their videos? If so that is idiotic.
@sanderev
The modder would easily win if this was then.
If what you're saying is true about the Netherlands not having fair use laws then basing your entire arguments about fair use laws within your country and your country alone is extremely disingenuous.
Not to mention they hold no water outside of them either.
I would like to see sources of these claims.
And then again it would only apply to that country alone if thats true.
US and other countries support fair use so. And youtube is an American website so that probably helps more.
If that were really the case then Bethesda and others would be mass copyrighting videos like Nintendo is doing or taking down the actual mods, which they don't and even they did read the fair use terms
@SuperZeldaFun Well even if its a fangame, as long as he isn't profiting off of it (which he isn't, he just made it for fun) then its completely fine.
@iLikeUrAttitude it being free or not doesnt matter in the slightest
The thing is he did this for fun and use the Pokemon license to demonstrate it. The video was not taken down because it was a mod, it was taken down because he use the license which he doesn't own on a project he made himself. While it's a cool project, the materials he use doesn't fit the audience that are familiar with the brand thus why it got the DMCA. Had he use Digimon, he would had been in the clear.
@Bustacap It literally means everything, how can you even say that with a straight face?
Fan games are fine as long as they aren't using the ip for profit.
Look, generally I'm all for fan projects. But he made a shooter out of Pokémon which is primarily targeted at children. In this case not only they have the copyright but also it affects their licence negatively.
@iLikeUrAttitude no, thats not how it works at all. please look up actual fair use court cases instead of just repeating over and over what YOU think it SHOULD mean
@Bustacap That is exactly how it works and I'll keep repeating myself until you show me proper rebuttals to my arguments instead of just going back and forth.
@SuperZeldaFun Thats fair, have a nice day. 👋
@iLikeUrAttitude i told you to look up actual court cases on the topic. just sticking your fingers in your ears doesnt make you right. i wont reply to any of your drivel any further until you look this stuff up yourself
@Bustacap I'm not covering my ears up since I'm actually willing to listen. And saying "look up court cases on the topic" or anything along the lines of "do your own research!" isn't saying anything of substance or remotely productive because I could just say the same thing to you and we would be going back and forth again.
For you to have a proper argument you could show a court case relating to a similar topic to the one we're discussing right now like for example of a case of a fan losing for creating a fan game or mod (AKA providing source for your claims). That would actually hold substance than what you're saying right now.
Furthermore it's even more ridiculous to be so vague when mentioning sources, I'm not going to scroll through hundreds of court cases that may not even remotely align to this discussion just because random internet guy said so.
It's funny, because on one hand you have people criticising cheap and quick Unreal/Unity asset flips, and then they are complaining that Nintendo/TPC are not allowing people to depict their property in a derogatory manner by producing an asset flip with assets they don't even have the rights to.
@iLikeUrAttitude Why do the people attacking sound like either trolls or kids
and nothing of value was lost.
I find it hilarious that the people saying that mods are illegal when some of the biggest games and franchises that have came out started off as mods.
@Madao but animal cruelty is just fine?
@sanderev
On paper, it's fair for Nintendo and The Pokémon Company to pursue and protect their IP at all costs. It's always a potential loss in business for someone outside to create ideas different than theirs.
However, if we're talking on the basis of profits, Nintendo isn't losing much in the long run, especially considering this guy was one of the smarter ones and didn't open up a Patreon, which kind of justifies the argument that he shouldn't have been shut down. He never really stole or intended to steal money from Nintendo, unlike other modders out there.
@SilentHunter382
Especially considering how Sans made it into Smash and his "default" stage is a Mother/EarthBound stage, the irony hits ever harder.
I love how every time content related to these fan games gets yanked from Youtube, half of the people commenting on it immediately start acting like they're lawyers who specialize in IP law.
This comment section is hilarious.
ILikeUrAttitude acting like they’re Dragon’s power of attorney 🤣
It's a goddang video of a fangame. I might understand if he actually released it, but if TPC is allowed to remove videos they don't like then what's to stop them from removing parody videos, or critical reviews?
If I'm not wrong, as long as he's not selling it, wouldn't making a fan game and posting a video of it be the same as someone baking homemade Pikachu cookies and posting pictures of them to Facebook or the like, at least in the legal sense? Certainly as long as they aren't actually reusing code/assets from the proper games (I think he took the models from another fan game).
It should also be noted that TPC successfully implementing a DMCA takedown on the video doesn't necessarily mean they're legally in the right to do so, given that YouTube's policy is to take down first, ask questions later, when it comes to these things as far as I'm aware.
Just look at Team Four Star's "Dragon Ball Z Abridged". All they essentially did was redub actual anime footage to be more jokey (arguably reusing more of Toei's work than this guy did TPC's), and Toei used to successfully DMCA the entire series like once a year, however each and every time TFS was able to get it back up because Toei didn't legally have a leg to stand on, even though I believe the videos were monetized.
@RR529
I am certain they don't monetizes the DBZA videos (Though I am not sure about the 3D shorts) as they have a disclaimer at the beginning of each video that this is an non-profit (Even though they have a patreon but that is a grey area as they do other stuff that isn't DBZ related but you can argue they are profiting from it). If they have ads on the videos then it wouldn't have been TFS themself as TOEI could claim the videos but leave them up with ads on which the money from those ads would go to them.
@Ralizah They just have degrees in ‘Talkingouttheirarsenomics’
@twicesmt In this world, we have things called "jokes" and "critical commentary".
If you make an IP, the rest of us have every right to criticize and make fun of it. Just as long as it isn't preventing YOUR right to sell it (like piracy).
Like it or not, Pokemon is a game aimed at kids and a family friendly audience. Something like this, using it in a violent way, was never going to go unnoticed by the company. They have every right to clamp down on it, whether you believe they were doing something wrong or not
@SilentHunter382 Except this ain't a mod, chief, it's a brand new game that uses copyrighted assets.
@KingMike well duh. IP owners also have every right to copyright their stuff lol, and yet each time those who use Nintendo's stuff are the poor helpless victims like they didn't see it coming? They always know what they're getting into, you're pretty dense if you believe otherwise
@RR529 They are using assets from Pokemon games aren't they? I sort of doubt this guy modelled/animated all these Pokemon in a month.
Copyrights exists for things like this, fan games are more grey area but this takes a brand and could damage it. i mean you're shooting pokemon. I don't blame them for this at all, though they often do overdo it.
@Ralizah Even more funny when those people use their faux expertise exclusively to paint modders, and fan-game creators in a negative to outright demonic light.
Still up on my twitter 😎
good im all for mods doing their own thing but making a game where you shoot pokemon is a big no no so gamefreak had the right to crack down on this youtuber.
So they only took the videos down. Makes sense as that video could be making him money off of the Pokémon ip. He can still go on the Pokémon Reddit and share the game. The fact he was making money off of the video is the problem.
1. Copyright or trademark issue arises
2. NintendoLife publishes an article pretending they don't understand how IP law works
3. readers think Nintendo is somehow overstepping their boundaries because NL has constantly misinformed them
4. people argue based on lack of proper information
5. NL benefits from the "audience engagement"
~~~
At the very least, people, the IP owner in this case won't want market confusion resulting from people thinking they are working on a crappy looking FPS with their Monz.
@Troll_Decimator I didn't mention anything about the story. I was talking about the people in the comment section regarding mods.
Since Pokemon has always been a family-friendly franchise, I think it's safe to say that The Pokemon Company wants to keep it that way.
Sh*t like this is why I have no respect for Nintendo or this series anymore. No reason at all for them to do this
I understand shutting down the project, but copyright-claiming the videos is just stupid. Unless the video uses uncut music from the games, I don't see how they have a legal right to do that. It's not a tangible product he's profiting off of. That's like copyright-striking DeviantArt images or something. It's too far.
I had a feeling he was tempting fate as soon as he said "they can't come after me. These files will never be released publicly."
@technotreegrass I think he was more referring that he can't be sued.
@WhiteUmbrella Any kid I know that grew up with Pokemon, grew to love animals. Loving and caring for the Pokemon is one of the messages the game promotes. Pokemon are not real animals, what a Pokemon likes and dislikes is defined well in the game's universe.
Are you pretending that this is comparable to blind gun violence? Like really?
@sanderev you seem to be confused on the difference between what is actual laws and what Nintendo and YouTube actually do. Nintendo tries to shut down everything it can whether it has the legal right to or not. YouTube is a platform owned by Alphabet. They have the right to host or not host any video they want. YouTube has been a in a war for years now between its own content creators, copyright law, and big businesses. It is still struggling to find the right methods and balance to resolve these issues. The problem is that it relies on automation to resolve these issues. Automation is not good in processes that involve fine details.
Whats happening is that any IP holder can ask for a video to be removed, and YouTube in many cases obliges. That is their legal right, because it is their platform. However the act of creating a video of a fan game is not illegal. The creator of the video has every legal right to host the video themselves or find another host.
Now believe it or not, you have certain rights to use Nintendo’s IPs. In some cases you may even use those IPs to make a profit. Most news television programs are for profit programs, and they have the right to say… post pictures of Mario and Pikachu on their program without consent from Nintendo. This is called fair use. Could they broadcast an episode of the Pokemon cartoon without permission? No. Could they cover a local Pokemon tournament without Nintendo’s permission? Yes. Their coverage of the event is considered their own artistic expression under copyright law. YouTubers are no different. They have the same rights to cover and review Pokemon games or fan made games.
Can that game be sold as is? Most likely not. However if say the game alters the sprites some, then they can qualify for fair use parody defense and have the legal right to distribute the game. Get this… for it to qualify under the parody defense… the general public has to recognize it as Pokemon. Meaning its only legal if it is close enough to being Pokemon to be noticeable.
@sanderev he isn't selling it you donut, and it's not illegal
@Funneefox you do realize pokemon is suppose to be kid friendly type game not the other way around if you and few others dont like it then leave.
@RiasGremory Just because something is kid friendly doesn’t mean every fan take on it had to be super safe and sterile. People should be allowed to do whatever they want with a series as long as it’s for fun and not for profit, and Nintendo needs to realize this. And no, I’m not gonna leave.
@sanderev Uploading a video does not equal instant monetization. I have uploaded tons of videos on YT and never asked for or received any money for any of my videos. Get educated.
@Funneefox sorry to burst your bubble but nintendo and gamefreak have the right to protect their ip images especially in this case.
People are kinda missing the point here. It's as simple as: The Pokemon Company doesn't like this video, they flag it, there is absolutely nothing we, or the uploader can do about it. YouTube is not going to risk TPC suing them, rightly or not, they will always side with the copyright holder and that's that. The reasons why they don't like the depiction of their copyrighted material are pretty irrelevant in the grand scheme of things. What are you gonna do about it, fight them?
@Troll_Decimator that's probably the most important point. Even if there was a ground to stand on here, Nintendo/The Pokemon Company have the endless cash and resources to drain just about anyone dry who would be foolish enough to challenge them in court.
@RiasGremory They can only legally stop it if it's something really seriously upsetting, like racism (like I remember hearing LEGO once using that to stop someone making an unofficial LEGO set), which they could demonstrate actual harm to their brand. Not just a "we don't like it" feeling.
Well clearly if Nintendo had released Pokémon Gun instead of the Tundra & Isle DLC this could have been avoided!
Honestly a game like this could be super cool except instead of bullets shoot tranquilizers or "poke-energy" or something and when the health goes down you catch them
Poke balls as grenades? Lol
@Daniel36 Not really.
Having watched the clips in question, it looks like that (basic FPS engine) with some basic Pokemon. But one of the legitimately cool gameplay gimmicks is boss fights.
Articuno, Zapdos and Mewtwo all had life bars and used big elemental powers that hit big sections of the arena. In Mewtwo's case he was cloning himself too.
If he had made his own monsters, it would have been a legitimately cool game.
But seeing Pikachu go ragdoll after getting shot in the face was a bit traumatizing, I am surprised the copyright holders didn't act faster.
Every time we have a story about "evil Nintendo" taking down a fan project or whatever, we have all these Ace Attorney rip offs trying to defend the "victim" a.k.a the thief with their lack of fair use knowledge. It never gets old
While I've always gone to bat for fan games, this crap is just so tasteless. The fact is there's actual, playable Pokemon fangames all over the internet that don't get taken down. It's not hard to see the difference between this video and those.
I mean I get it people like Nintendo games and stuff, but I really can't fathom why anybody wastes their time making passion projects just for these fools to strike them, I mean they know it's coming so in that regard I'd just play the game and Nintendo can f off after I'm done with it, can't show "love" or "appreciation" to a company that only sees it in one shape.
I’m surprised it took this long. Intellectual property holders have every right to take down YouTube videos when their property is used without explicit permission. I think more companies should enforce their right to do this so YouTubers come up with more original content
@sanderev You call this dude a 'criminal'? Hahaha.
@Lebon14 There are people who make millions off of video's on Youtube.
@Aezetz I call everyone who willingly break the law criminals, yes.
@sanderev So people who are passionate about their favorite series that want to make their own game about them (without profit (most of the time)) are criminals?
Yeah sure bud checks out.
To whoever I argued with on the original post about Nintendo not copyrighting this:
I’m sorry.
I overestimated Nintendo
@SuperZeldaFun I agree (post #17), but why did Nintendo have to take it down? Nintendo does have the right to take it down, but there's no income from this (except maybe video monetization).
It's too bad it was taken down. The video of him making the game was rather funny. I did not enjoy the part where he was shooting the pokemon though.
@sanderev you incorrectly call those people criminals.
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